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<p>PECULIARITIES OF THE TRANSLATION OF TERMS PERTAINING TO ARBITRATIONTERM PAPER</p> <p>2</p> <p>ANOTCIJAis darbs satur analzi par tmu Ar rjtiesu saisttu terminu tulkoanas patnbas. Terminu tulkojumu regul vesela virkne noteikumu, un to ietekm vairki faktori. rjtiesa ir antks jdziens, lai gan ar to saistt terminoloija vl joprojm attsts. darba mris ir noskaidrot, vai terminoloijas izstrdes tendences latvieu valod un iepriekjie tulkojumi iespaido terminu tulkoanu no angu valodas uz latvieu valodu. Lai iegtu informciju par terminoloiju un rjtiesm, tika analizta zintnisk literatra. Turklt, tika veikta kontrastv analze un sastdts saraksts ar terminiem, to tulkojumiem un piemriem, lai ilustrtu to, ka terminu tulkoanu no angu valodas uz latvieu valodu ietekm terminu izstrdes tendences latvieu valod. Visbeidzot, tika izdarti secinjumi. Atslgas vrdi: termini, terminoloija, angu, latvieu, jdzieni, tulkoana, iespaids, rjtiesa, tiesa.</p> <p>3</p> <p>ABSTRACTThis paper conveys an analysis of Peculiarities of the Translation of Terms Pertaining to Arbitration. The translation of terms and terminology is regulated by a complex of set rules and must be approached from numerous aspects. Arbitration is an antique concept, though the terminology associated with it still evolves. The aim of this paper is to find out if the transfer of terms from English into Latvian is influenced by trends in term formation in the target language and also by antecedent translations. In order to gain background knowledge about terminology and arbitration, literature review was carried out. Furthermore, contrastive analysis was done and a list of terms, their translations with examples was comprised in order to illustrate that the transfer of terms is influenced by trends in the target language, and, finally, relevant conclusions were drawn. Key words: terms, terminology, English, Latvian, concepts, transfer, influence, arbitration, court, jurisdiction.</p> <p>4</p> <p>TABLE OF CONTENTSTABLE OF CONTENTS..............................................................................................5 INTRODUCTION.........................................................................................................6 1. LITERATURE REVIEW...........................................................................................8 1.1. BASIC CONCEPTS OF TERMS AND TERMINOLOGY...............................8 1.1.1. OVERVIEW OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIA.................................................................................................................9 1.1.2. HISTORY OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIA ..............................................................................................................................10 1.2. DEFINITIONS OF ARBITRATION................................................................11 1.2.1. HISTORY OF ARBITRATION................................................................11 1.2.2. HISTORY OF ARBITRATION IN LATVIA...........................................12 1.3. DEVELOPMENT OF LATVIAN ARBITRATION TERMINOLOGY..........12 1.4. FACTORS INFLUENCING THE TRANSFER OF TERMS PERTAINING TO ARBITRATION................................................................................................12 1.5. PECULIARITIES OF THE TRANSFER OF TERMS PERTAINING TO ARBITRATION.......................................................................................................14 2. COMPARATIVE ANALYSIS................................................................................16 BIBLIOGRAPHY.......................................................................................................23</p> <p>5</p> <p>INTRODUCTIONThe fact that arbitration is in no way a new phenomenon can be verified by tracing the term itself back to its origins. The term "arbiter" originated in the 15th century and gained its meaning "one chosen by two disputing parties to decide the matter" in the 1540s1. William Herbert Page writes that the method of settling controversies and disputes by means of arbitration seems to be one of immemorial antiquity in English law as indeed it is in practically every system of law (1919). The appeal of settling disputes with the use of arbitration instead of litigation in court is said to be the fact that it seems to be less expensive, significantly faster and, ultimately, more efficient than taking an argument to court in most cases, because the procedures have fewer requirements (Online 8). Though, obviously, because of its appeal for those who wish to settle their disputes with less inconvenience and sooner, arbitration has been a popular topic for a while now, in recent years, the chapter of the Latvian Civil Procedure Law that deals with arbitration courts has been amended to require every arbitration court to register with the Commercial Register, send in their rules of procedure (the regulations for which were also amended in this law) and redefine the types of cases that can be taken to an arbitration court (Online 9). According to the Commercial Register, there are a total of 143 arbitration courts operating in Latvia at this time (Online 10). As it is with every branch of science, arbitration possesses its own set of terms, or terminology - a systematically compiled set of words, each of which, ideally, denotes a separate concept. If a concept and the term for this concept have originated outside the target language, a term has to be created also in the target language when the new concept arrives. The hypothesis of the paper is as follows: the transfer of terms from English into Latvian through translation is influenced by trends in term formation in the target language and antecedent translations.</p> <p>1</p> <p>Online Etymology Dictionary. Available from http://www.etymonline.com/index.php? search=arbitration&amp;searchmode=none [Accessed January 2, 2011].</p> <p>6</p> <p>The Enabling Objectives 1. To examine the general characteristic of a term and the requirements for a term;2. To consider the main concepts of terminology, translation, as well as to study</p> <p>lexical and semantic aspects of term formation;3. To get acquitted with the transfer of terms from one language into another,</p> <p>such as the translation of terms;4. To analyze the terms pertaining to arbitration, during the translation process</p> <p>from English into Latvian. The methods of research of the paper are as follows: </p> <p>Theoretical: studying and analyzing the relevant theories regarding terms and their formation, terminology, and translation; Practical: comparative analysis of the transfer of arbitration terminology from English into Latvian, drawing conclusions.</p> <p>7</p> <p>1.</p> <p>LITERATURE REVIEW</p> <p>The first part of the present research paper deals with the theoretical aspect of the research. Literature review was undertaken to acquire background information about the subject matter of research. Chapter 1 discusses the general and most basic concepts of terms and terminology, their development in Latvia, and the history of this process. Chapter II analyses definitions of arbitration proceeding with the discussion of the development of Latvian arbitration terminology is discussed in Chapter III. Finally, Chapters IV and V discuss factors that influence the transfer of terms from English to Latvian and the peculiarities of the transfer of terms from English to Latvian, respectively.</p> <p>1.1.</p> <p>BASIC CONCEPTS OF TERMS AND TERMINOLOGY</p> <p>What a term is has been defined numerous times and can even be found in dictionaries, however, according to Valentna Skujia, the foundation of understanding the concepts of terms is the opinion that the term is not a substantial unit but a functional one. This means that the term is not a special lexical unit, but a word performing a special function. The area of usage and the functional meaning of a term is what gives the lexical unit its terminological properties and the essence of a functional unit (1993: 7). Regarding the areas which utilize terms and require development of terminology, Skujia goes on to state that these areas include various scientific fields, as well as practical (professional and industrial) fields (ibid.). According to the broad functional meaning of term, it stands for an object which is related to a persons sphere of activity (not only scientific, but also professional and industrial), also a dialect word or colloquial word. However, in the narrower meaning, a term is considered to be used in the area of science and is a word which has a specific place in the system of concepts of a branch of science. This system dictates the functional meaning of each term (ibid. :7-8).</p> <p>8</p> <p>As regards the qualities and requirements for a term, Skujia writes that the requirements are as follows: systematicality, the precision of meaning, the brevity of form (terms are required to be short and concise), monosemy, mononymity, contextual independence, emotional neutrality, etc (ibid. : 9). This means that, not only does a term need to have no more than one meaning per concept, but also be as unambiguous as possible, so as to be successfully utilized. Regarding the meaning of terminology, in the broader meaning, it is a body of terms within a language. In the narrower meaning, it is a body of terms in a subject of study, profession, etc (ibid. : 33). The complicated disposition of terminology and the position of it within a language is, perhaps, best described by Maria Teresa Cabr: as an intersectional and multidisciplinary science, terminology is located at the crossroads of a large number of subdisciplines of linguistics (semantics or differential lexicology, among others), but it is not their preserve (1998: 10-11).</p> <p>1.1.1. OVERVIEW OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIAWhen discussing the development of terminology in Latvia, the various aspects from which it must be approached have to be taken into consideration. According to Valentna Skujia, given that terminology is a language unit, it has to be viewed from the morphological, phonetic, syntactical and lexical aspects. This means that, in the development of terms, such problems should be considered: the usage of the categories of the noun, the adjective, and the participle, the selection of consonants and vowels, hyphenation, hard dash combinations, multi-word components, etc (1993: 29). The aspects, from which Latvian terminology is approached, are not the only origin of problems when thinking about terminology and the transfer of terms. Andrejs Veisbergs says that the Latvian language and, especially, terminology have characteristics that create problems, when stacked together: i.e. specificity (2005: 61). Furthermore, if terminology is to be approached from an inter-linguistic point of view, Skujia says that terminology deals with borrowings and contacts between</p> <p>9</p> <p>languages and, thus, a different spectre of problems need consideration, i.e., the relation between international words and new terms of local origin (1993: 214). From an administrative point of view, terms are developed and approved by a number of institutions in Latvia. According to an informational report done by the Translation and Terminology Centre, among them are the Terminology Commission of the Latvian Academy of Sciences, the State Language Commission, the State Language Centre, the State Language Agency, and others. Each of these institutions is under different management, for example, the State Language Commission is overseen by the President, while the State Language Centre is under the Ministry of Justice (6: 1516).</p> <p>1.1.2. HISTORY OF THE DEVELOPMENT OF TERMINOLOGY IN LATVIAAs noted by Valentna Skujia, the first Latvian terms can be traced back to the 16th century, when Latvian Religious Terminology appears. Later, in the 18th century, with the appearance of contemporary publications, came the foundation of Latvian Terminology for various branches. However, the first scientific selection and formation of terms appears 3 centuries after the first Latvian terms in the various textbooks and manuals for the many branches of science and technology, terminological dictionaries, and articles, in which relevant problems of terminology were discussed all published in Latvian in the second half of the 19th century. K. Valdemrs is closely connected to the early stages of development for Latvian terminology because he released a Maritime Dictionary in 1881. In the dictionary maritime terms are provided in 11 languages (1993: 14-15). Maria Teresa Cabr differentiates 4 periods of the development of modern terminology (1998: 5), the latter of which is marked by the start of the computer technology boom. Cabr: computer science is one of the most important forces behind changes in terminology. Terminologists now have at their disposal tools and resources that are better adapted to their needs, more user-friendly and more effective (ibid. : 6). Although Cabr talks about terminology on a global scale, the same progress could also be witnessed in Latvia, as soon as computer technology was available.</p> <p>10</p> <p>Nowadays, Computer Assisted Translating (CAT) tools (i.e. SDL Trados, Logoport) are available so that terminology can be easily shared and kept coherent among countless projects (and translators) within in a company and outside of it (Online 1).</p> <p>1.2.</p> <p>DEFINITIONS OF ARBITRATION</p> <p>The dictionary describes arbitration as the process of judging officially how an argument should be settled2. In its meaning, this explanation is repeated throughout other dictionaries3 and internet articles (Online 2; Online 3). This means that the mononimity and monosemity on an international level is present, when talking about arbitration.</p> <p>1.2.1.</p> <p>HISTORY OF ARBITRATION</p> <p>History of arbitration can be approached from a number of ways, however, in this research, to approach it from an international point of view would be best. In Britain, according to William Herbert Page, in the earliest reports of cases, arbitration seems to be assumed as a well-established method of settling disputes. The early digests show that arbitration was assumed as a sufficient discharge, and that the courts were already elaborating the details and discussing problems which were much the same as those which trouble contemporary courts, after making due allowance for the different economic and social conditions of the times (1919). In the United States, while quoting Richard C. Bales, Robert V. Massey writes about arbitration: long before the white man ever arrived in what is now the United States early Native American tribes used arbitration as not only a means to resolve disputes within the tribe but also as a means to resolve disputes between different tribes. George Washington, our nations first president, had an arbitration clause in his will that basically stated that if any dispute should arise over the wording of the document that a panel of three arbitrators would be implemented to render a final and binding de...</p>